Texas 2025 - 89th Regular

Texas Senate Bill SB552 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, Schwertner S.B. No. 552
2		-
3		-
	1	+	By: Huffman S.B. No. 552
	2	+	(In the Senate - Filed December 9, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2025, reported favorably by the following vote: Yeas 5,
	5	+	Nays 1; April 10, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to changing the eligibility of certain persons to receive
9	12		community supervision, including deferred adjudication community
10	13		supervision.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Article 42A.001, Code of Criminal Procedure, is
13	16		amended by adding Subdivision (3-a) to read as follows:
14	17		(3-a) "Illegal alien" means an alien who:
15		-	(A) before the date of the commission of the
16		-	offense:
17		-	(i) entered the United States without
18		-	inspection or at any time or any place other than as designated by
19		-	the United States attorney general; or
20		-	(ii) was admitted as a nonimmigrant and
21		-	failed to maintain the nonimmigrant status under which the alien
22		-	was admitted or to which it was changed under Section 248,
23		-	Immigration and Nationality Act (8 U.S.C. Section 1258), or to
24		-	comply with the conditions of the alien's status; and
25		-	(B) did not attain and maintain legal status
26		-	before the date of the commission of the offense.
	18	+	(A) entered the United States without inspection
	19	+	or at any time or any place other than as designated by the United
	20	+	States attorney general; or
	21	+	(B) was admitted as a nonimmigrant and, before
	22	+	the date of the commission of the offense, had failed to maintain
	23	+	the nonimmigrant status under which the alien was admitted or to
	24	+	which it was changed under Section 248, Immigration and Nationality
	25	+	Act (8 U.S.C. Section 1258), or to comply with the conditions of the
	26	+	alien's status.
27	27		SECTION 2. Article 42A.053(c), Code of Criminal Procedure,
28	28		is amended to read as follows:
29	29		(c) A defendant is not eligible for community supervision
30	30		under this article if the defendant [is sentenced to serve]:
31	31		(1) is sentenced to serve:
32	32		(A) a term of imprisonment that exceeds 10 years;
33	33		or
34	34		(B) [(2)] a term of confinement under Section
35	35		12.35, Penal Code; or
36	36		(2) is an illegal alien.
37	37		SECTION 3. Article 42A.056, Code of Criminal Procedure, is
38	38		amended to read as follows:
39	39		Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
40	40		SUPERVISION. A defendant is not eligible for community supervision
41	41		under Article 42A.055 if the defendant:
42	42		(1) is sentenced to a term of imprisonment that
43	43		exceeds 10 years;
44	44		(2) is convicted of a state jail felony for which
45	45		suspension of the imposition of the sentence occurs automatically
46	46		under Article 42A.551;
47	47		(3) is adjudged guilty of an offense under Section
48	48		19.02, Penal Code;
49	49		(4) is convicted of an offense under Section 21.11,
50	50		22.011, or 22.021, Penal Code, if the victim of the offense was
51	51		younger than 14 years of age at the time the offense was committed;
52	52		(5) is convicted of an offense under Section 20.04,
53	53		Penal Code, if:
54	54		(A) the victim of the offense was younger than 14
55	55		years of age at the time the offense was committed; and
56	56		(B) the actor committed the offense with the
57	57		intent to violate or abuse the victim sexually;
58	58		(6) is convicted of an offense under Section 20A.02,
59	59		20A.03, 43.04, 43.05, or 43.25, Penal Code;
60	60		(7) is convicted of an offense for which punishment is
61	61		increased under Section 481.134(c), (d), (e), or (f), Health and
62	62		Safety Code, if it is shown that the defendant has been previously
63	63		convicted of an offense for which punishment was increased under
64	64		any of those subsections; [or]
65	65		(8) is convicted of an offense under Section 481.1123,
66	66		Health and Safety Code, if the offense is punishable under
67	67		Subsection (d), (e), or (f) of that section; or
68	68		(9) is an illegal alien.
69	69		SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
70	70		is amended to read as follows:
71	71		(b) In all other cases, the judge may grant deferred
72	72		adjudication community supervision unless:
73	73		(1) the defendant is charged with an offense:
74	74		(A) under Section 20A.02, 20A.03, 49.045, 49.05,
75	75		49.061, 49.065, 49.07, or 49.08, Penal Code;
76	76		(B) under Section 49.04 or 49.06, Penal Code,
77	77		and, at the time of the offense:
78	78		(i) the defendant held a commercial
79	79		driver's license or a commercial learner's permit; or
80	80		(ii) the defendant's alcohol concentration,
81	81		as defined by Section 49.01, Penal Code, was 0.15 or more;
82	82		(C) for which punishment may be increased under
83	83		Section 49.09, Penal Code;
84	84		(D) for which punishment may be increased under
85	85		Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
86	86		is shown that the defendant has been previously convicted of an
87	87		offense for which punishment was increased under any one of those
88	88		subsections; or
89	89		(E) under Section 481.1123, Health and Safety
90	90		Code, that is punishable under Subsection (d), (e), or (f) of that
91	91		section;
92	92		(2) the defendant:
93	93		(A) is charged with an offense under Section
94	94		21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
95	95		the age of the victim, or a felony described by Article 42A.453(b),
96	96		other than a felony described by Subdivision (1)(A) or (3)(B) of
97	97		this subsection; and
98	98		(B) has previously been placed on community
99	99		supervision for an offense under Paragraph (A);
100	100		(3) the defendant is charged with an offense under:
101	101		(A) Section 21.02, Penal Code; or
102	102		(B) Section 22.021, Penal Code, that is
103	103		punishable under Subsection (f) of that section or under Section
104	104		12.42(c)(3) or (4), Penal Code; [or]
105	105		(4) the defendant is charged with an offense under
106	106		Section 19.02, Penal Code, except that the judge may grant deferred
107	107		adjudication community supervision on determining that the
108	108		defendant did not cause the death of the deceased, did not intend to
109	109		kill the deceased or another, and did not anticipate that a human
110	110		life would be taken; or
111	111		(5) the defendant is an illegal alien.
112	112		SECTION 5. Article 42A.551, Code of Criminal Procedure, is
113	113		amended by adding Subsection (h) to read as follows:
114	114		(h) Notwithstanding any other provision of this article, a
115	115		defendant is not eligible for community supervision under this
116	116		subchapter if the defendant is an illegal alien.
117	117		SECTION 6. The change in law made by this Act applies only
118	118		to an offense committed on or after the effective date of this Act.
119	119		An offense committed before the effective date of this Act is
120	120		governed by the law in effect on the date the offense was committed,
121	121		and the former law is continued in effect for that purpose. For
122	122		purposes of this section, an offense was committed before the
123	123		effective date of this Act if any element of the offense occurred
124	124		before that date.
125	125		SECTION 7. This Act takes effect September 1, 2025.
	126	+	* * * * *